ABHAY KUMAR Vs. CHAITANYA KUMAR

JUDGEMENT

(1.) RESPONDENT aged 18 years, while sitting in the tractor, belonging to two of the appellants, which was driven by the third appellant, sustained injury in the accident, involving the vehicle. He fell down and wheel of the tractor ran over his right thigh, resulting in fracture. Alleging that the accident was the result of rash and negligent driving of the tractor and he has suffered permanent disability, he filed a petition against the owner and driver of the vehicle, claiming compensation of Rs. 84,807/ -.

(2.) THE appellants denied that there was any accident and pleaded that the claimant fell down from the tractor and has not suffered any permanent disability.

(3.) THE evidence of the claimant, examined as A.W. 3 is to the effect that the tractor, which was driven at an excessive speed, dashed against a raised platform, as a result of which, the claimant fell down. One of the wheels of the tractor ran over his leg. The trolley of the tractor was loaded with sand.